Senate approves legislation to limit CJP’s suo moto authority

The Senate of Pakistan on Thursday approved Supreme Court (Practice and Procedure) Bill 2023, intended to limit the chief judge’s suo moto authority in an individual capacity. The bill received 60 yes votes and 19 no votes.

An appeal may be filed within 30 days of the suo motu judgment, according to a law that the National Assembly overwhelmingly approved the day before. The bill said that the suo motu notice would be decided by a committee made up of the three senior-most judges of the Supreme Court.

The bill further stipulated that the appeal must be scheduled for hearing within 14 days of filing and that, following the taking of a suo motu notice, the hearing shall be presided over by a three-judge panel.

It went on to say that everyone would agree with the majority’s choice in the situation.

After the law is passed, it cannot be impacted by a Supreme Court or high court ruling or by any other legislation.

By the new revisions, there would be a right of appeal for cases that are still pending and a bench made up of at least five judges would hear cases involving both constitutional and legal issues.

Earlier, The federal government on March 28 issued a decree barring the Chief Justice of Pakistan (CJP) from forming benches or initiating suo motu proceedings on his or her own, and it also submitted a bill to the National Assembly for ratification that would have limited the CJP’s unrestrained authority.

Federal Law Minister Azam Nazir Tarar introduced the Supreme Court (Practice and Procedure) Bill 2023 on Thursday in the Senate to deny the Chief Justice of Pakistan (CJP) the authority to take suo motu notice in an individual capacity.